Eleanor Finch
The Colorado Constitution, which was adopted in 1876, has been amended several times since its inception. The process of amending the state constitution involves Colorado voters electing officials and confirming judicial appointments. The Colorado General Assembly may repeal initiated measures, with a simple majority for statutes and a two-thirds majority for amendments. Amendments to the Colorado Constitution require 55% voter approval, except when removing language, in which case a simple majority is required. This was demonstrated in the case of Amendment J, which aimed to remove language defining marriage as between a man and a woman. Other amendments, such as Amendment 79 and Amendment 80, have also been proposed to address issues like abortion rights and education equality. The initiative process in Colorado involves gathering signatures equal to 5% of votes cast for the secretary of state and convening a title board to review and title the measure.
| Characteristics | Values |
|---|---|
| Number of signatures required for a petition | 5% of the total number of votes cast for the office of Colorado secretary of state in the preceding general election |
| Who validates the signatures on a petition | Secretary of State |
| How often is the secretary of state elected | Every four years |
| Who decides the title of a ballot issue | Title board, which includes the secretary of state, the Colorado attorney general, and the director of the Office of Legislative Legal Services or the director's designee |
| Who can appeal the title board's decision | Designated representatives of the proponents or any registered elector |
| Court for litigation related to non-compliance with federal law or regulations | Federal District Court |
| Court for litigation related to challenging the sufficiency of a petition | State District Court with jurisdiction over the county where the petition was filed |
| Court for litigation related to challenging title board decisions | Colorado Supreme Court |
| Who can change or repeal initiated measures | Colorado General Assembly |
| Majority required for the repeal of initiated statutes | Simple majority |
| Majority required for the repeal of amendments | Two-thirds majority |
| Majority required for the adoption of a constitutional amendment | 55% of the votes cast; except when an amendment repeals in whole or in part a provision of the state constitution, in which case only a simple majority is required |
| Number of articles in the Colorado Constitution | 29 |
| Number of times the Colorado Constitution has been amended | 171 |
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What You'll Learn
Colorado's constitution amendment process
The Colorado Constitution, which was adopted in 1876, has been amended 171 times. The process of amending the constitution is outlined in Article XIX of the constitution. There are three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
The citizen-initiated process, also known as an initiated constitutional amendment, allows citizens to propose amendments to the state's constitution. To initiate this process, citizens must first draft the proposed amendment, which should be written in plain, non-technical language. The number of signatures required for this process is 5% of the votes cast for the Colorado secretary of state in the preceding general election, with signatures collected from at least 2% of the registered voters in each of the 35 state Senate districts. The secretary of state must then validate these signatures through random sampling. If the petition is deemed sufficient, it can be certified for the ballot.
The legislative process involves the Colorado State Legislature proposing an amendment. This requires a two-thirds (66.67%) vote during one legislative session, amounting to a minimum of 44 votes in the House of Representatives and 24 votes in the State Senate. Amendments proposed through this process do not require the governor's signature to be referred to the ballot.
Once an amendment is on the ballot, it requires a 55% supermajority vote for approval, except for amendments that only remove language from the constitution, which require a simple majority. The Colorado General Assembly can also change or repeal initiated measures with a simple majority, but for amendments, a two-thirds majority is required, and the amendment must be placed on the ballot.
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Petition requirements
In the State of Colorado, the Constitution is the foundation of its laws and government. It was drafted on March 14, 1876, approved by voters on July 1, 1876, and took effect upon the statehood of Colorado on August 1, 1876. The Colorado Constitution has been amended several times since then.
To repeal a constitutional amendment in Colorado, a petition must meet certain requirements. Firstly, the number of signatures required for a successful petition is equal to 5% of the total votes cast for the Colorado secretary of state in the preceding general election. The secretary of state is elected every four years, with the most recent election being held in 2022. This signature requirement applies to constitutional amendments, statutes, and referendums.
Secondly, the Colorado secretary of state must validate the signatures on the petition by random sampling. If the random sample shows that the number of valid signatures is 90% or less of the required number, the petition is deemed insufficient. However, if the valid signatures exceed 90%, the secretary of state must order the examination of each signature filed.
After the examination, the secretary of state issues a statement regarding the sufficiency of the petition. If the petition is found to have a sufficient number of valid signatures from each state senate district, it can be certified for the ballot.
Once the petition has been certified, the proposed measure must be filed with the Colorado secretary of state. The secretary then convenes a "title board," which includes the secretary of state, the Colorado attorney general, and the director of the Office of Legislative Legal Services or their designee. At a public meeting, the board selects a title for the measure by majority vote. The title must be phrased as a "yes" or "no" question.
It is important to note that the board can reject a measure if it violates the state's single-subject rule. If the proponents or registered voters are dissatisfied with the title or the single-subject ruling, they can file a motion for a rehearing.
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Ballot measures
In Colorado, constitutional amendments can be made through citizen-initiated processes, legislative processes, or state constitutional conventions.
The number of signatures required for a ballot measure petition in Colorado is 5% of the total votes cast for the Colorado secretary of state in the preceding general election. This requirement is the same for constitutional amendments, statutes, and referendums. The signatures must be collected from registered voters residing in each of the state's 35 Senate districts, known as the distribution requirement.
Once the required number of signatures has been collected, the petition is submitted to the Colorado secretary of state, who convenes a "title board." This board includes the secretary of state, the Colorado attorney general, and the director of the Office of Legislative Legal Services or their designee. The board reviews the proposed measure and selects a title in the form of a "yes" or "no" question by majority vote. The board may reject a measure if it does not comply with the state's single-subject rule. If the title or ruling is unsatisfactory to the proponents or any registered voter, a motion for rehearing can be filed.
If the measure is approved by the title board, it is placed on the ballot for voter consideration. A supermajority of 55% of votes is required for the approval of any constitutional amendment, except for those that only remove language from the constitution. In the case of initiated statutes, a simple majority is required for approval by the Colorado General Assembly. For amendments, the Assembly must pass the amendment by a two-thirds majority before it can be placed on the ballot.
The ballot information booklet is provided to voters and includes a summary of each measure, major arguments for and against it, and a fiscal assessment. This helps voters understand the purpose and potential impact of the measure.
Colorado's Amendment 71 Repeal and Electronic Signatures Initiative, which was proposed in 2018, is an example of a ballot measure. This initiative aimed to allow electronic signatures for initiated constitutional amendments and repeal the signature distribution and supermajority vote requirements for these amendments. However, it did not make it onto the ballot.
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Voter approval
Voters in Colorado have the power to repeal constitutional amendments through a process that involves gathering signatures, submitting petitions, and casting votes. This process allows citizens to have a direct say in shaping the laws that govern them.
The first step towards repealing a constitutional amendment in Colorado is to initiate a petition. This requires gathering a specific number of signatures from registered electors. The number of signatures needed is equal to 5% of the total votes cast for the Colorado secretary of state in the previous general election. Once the required number of valid signatures is obtained, the petition can be submitted to the secretary of state for consideration.
Upon receiving a petition, the secretary of state convenes a "title board," which includes the secretary of state, the Colorado attorney general, and the director of the Office of Legislative Legal Services or their designee. The board reviews the proposed amendment and selects a title for it by majority vote. The title must be phrased as a "yes" or "no" question. If the board determines that the petition satisfies the requirements, it proceeds to the next stage.
The proposed amendment then appears on the ballot during an election, where Colorado voters have the opportunity to decide its fate. The approval threshold depends on the nature of the amendment. Amendments that add language to the constitution require a higher approval rate, typically 55% of the votes cast. On the other hand, amendments that remove language or partially repeal existing provisions may only need a simple majority for approval. This variation in approval requirements reflects the importance of understanding the specific amendment under consideration.
Colorado's constitution has been amended numerous times since its adoption in 1876, and voters have played a crucial role in shaping the state's laws. For example, in 2024, Colorado voters considered Amendment 79, which concerned the right to abortion and health insurance coverage. Voter approval of this amendment would have repealed a previous ban on state and local funding for abortion services. In the same election, Amendment J, which aimed to remove language defining marriage as only between a man and a woman, also appeared on the ballot. This amendment required only majority approval since it involved removing language from the state constitution.
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Litigation and challenges
In Colorado, citizens can initiate legislation as a state statute or a constitutional amendment. They also have the power to repeal legislation via veto referendum. The Colorado General Assembly may also place measures on the ballot as legislatively referred constitutional amendments or state statutes.
Different courts are designated for distinct kinds of initiative-related litigation. If an initiative fails to comply with federal law or regulations, a complaint may be filed in Federal District Court. If any registered voter wishes to challenge the sufficiency of a petition, they may file a protest with the State District Court with jurisdiction over the county where the petition was filed. Challenges to title board decisions are filed with the Colorado Supreme Court.
The Colorado General Assembly may change or repeal initiated measures. In the case of initiated statutes, this only requires a simple majority. In the case of amendments, the Assembly must pass the amendment by a two-thirds majority and place it on the ballot.
For a successful petition, the number of signatures required is equal to 5% of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. The secretary of state must validate these signatures by random sampling. If the random sample establishes that the number of valid signatures is 90% or less of the total number of registered electors needed, the petition is deemed insufficient. If the sample establishes that the number of valid signatures is more than 90% of the total, the secretary of state must order the examination of each signature filed. After the examination, the secretary of state must issue a statement as to whether a sufficient number of valid signatures from each state senate district appear to have been submitted to certify the petition to the ballot.
Once the proposed measure has been reviewed, the original, amended, and final drafts must be filed with the Colorado secretary of state. The secretary must then convene a "title board," which includes the secretary of state, the Colorado attorney general, and the director of the Office of Legislative Legal Services or their designee. At a public meeting, the board selects a title for the measure by majority vote. The title must be phrased in the form of a "yes" or "no" question. The board may also reject a measure if it fails to comply with the state's single-subject rule. If the proponents or any registered voter are unsatisfied with the title board's chosen title or single-subject ruling, a motion for a rehearing may be filed.
When a draft of a ballot issue that proposes a state constitutional amendment is filed with the title board, the board must decide if the proposed constitutional amendment only repeals in whole or in part a provision of the state constitution for purposes of determining the required percentage of votes cast to adopt the amendment. The designated representatives of the proponents or any registered elector who is not satisfied with the title board's decision may appeal the decision by filing a motion for rehearing to the title board. Decisions of the title board at the rehearing on this issue may be directly appealed to the Colorado supreme court in the same manner as ballot title and fiscal impact.
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Frequently asked questions
The process to repeal a constitutional amendment in Colorado involves gathering signatures for a petition, with the number of signatures required being equal to 5% of the total votes cast for the secretary of state in the previous general election. The secretary of state then validates these signatures through random sampling. If the petition is deemed sufficient, it moves forward, and a "title board" is convened, which includes the secretary of state, the Colorado attorney general, and the director of the Office of Legislative Legal Services or their designee. This board selects a title for the measure, which must be phrased as a "yes" or "no" question. The proposed amendment then goes to the ballot, where it requires a simple majority to pass if it is repealing a provision in part or in full.
Some examples of constitutional amendments that have been repealed in Colorado include:
- Section 7 of Article 5, which outlined the meeting procedures for the general assembly.
- Section 10 of Article 5, which allowed each house to choose its officers, including a president and speaker.
- Section 34 of Article 5, which forbade appropriations to private institutions not under state control.
For a constitutional amendment to be repealed in Colorado, it typically requires a simple majority of votes. However, in certain cases, such as when the amendment adds language to the constitution, a higher threshold of 55% voter approval may be necessary.
